{"collection":"philosophy-ethics","full_text_available":true,"graph_url":"https://unchartedknowledge.5gfusion.net/v2/api/page/wikisource_Culture_vs_Copyright_Addendum/graph","html_url":"https://unchartedknowledge.5gfusion.net/v2/page/wikisource_Culture_vs_Copyright_Addendum","id":"wikisource_Culture_vs_Copyright_Addendum","license":"Public Domain / CC-BY-SA (see source)","rights_basis":"wikisource_site_inclusion_policy","source":"wikisource","source_url":"https://en.wikisource.org/wiki/Culture_vs._Copyright/Addendum","summary":null,"tags":["Subpages"],"text":"ADDENDUM\n\nAuthoright License\n\nThis Addendum contains the complete draft text of the Authoright License, including a Glossary, Theory, Technical Principals, and the License itself.\n\nIntroduction\n\nThe Authoright license has been developed in order to ideally correspond to the nature of culture. This goal is stated in the license itself. Still, there are issues to resolve. The license in its current form may not be that usable in legal terms and, therefore, needs further development.\n\nAnother more serious issue is the main objective of the license, the provision of ultimate freedom for the use of cultural phenomena. There is a fork in the road of interpretation for one license feature. What if an authorighted work is included in a compilation or within another work? One interpretation is that this work must also be authorighted and thus be free of restriction. However, liberty in this case is imposed on the work\u2019s author regardless of his wishes, i.e. his own freedom is limited. Such a license will cause some authors to hide\n\nthe usage of authorighted works. This happens with GNU licensed products included in proprietary software. Another interpretation of freedom accentuates the liberty of the compilation\u2019s author and allows him to use an authorighted work while \u201cprotecting\u201d his own work under a more restrictive license. If permitted, he would not have any reason to hide usage of the authorighted work and would make necessary attributions, thus promoting it and its author. Glossary\n\nauthor(s). An individual or a group of named individuals who have created a work. Besides the direct creator of a work, this may include: translator, restorer, compiler, and so forth.\n\ncivilization. The realm of physical industries and products, established social structures, socially determined relationships and speech.\n\ncultural phenomenon. Any idea, method, theory, genre, literary personage, or other creation of the free human spirit fixed in a form in any medium, including mere oral statement.\n\nculture. The realm of creativity and free communication. In other words, the realm of inner and outer dialogue and thus the realm of ultimate freedom. Different areas of culture are: arts, sciences, philosophy, engineering, religion, and so forth. Culture develops in works of art, philosophy, sciences, and so forth.\n\npublic use of a work. Publication, performance, production, reverse engineering, dissemination, sale and so forth.\n\nsource. A citable medium. A publication, for example, is a source.\n\nsponsor. Any entity providing incentives for an author and/or promotion for a work.\n\nwork. A form in which other cultural phenomena are expressed. In a work of art, philosophy, science, etc. cultural phenomena are developed and refined. Thus, cultural phenomena become part of the common treasury of a society. Examples of works are: books, paintings, sculptures, story boards, musical pieces, blueprints, models, programs, movies, websites, etc. Theory\n\nIntention\n\nThe intention of Authoright is to provide a legal framework for ideal development and utilization of culture.\n\nGeneral Idea\n\nThe world of culture differs from the physical one. It functions under different laws, depends on different circumstances and driving forces, and develops different powers. Ancient Romans said Natura parendo vincitur, which literally means \u201cNature obeying one wins.\u201d In other words, we get the best fruit from nature if we act in accordance with its laws. Likewise, we can get the best fruit from culture if we act in accordance with its laws and do not project upon it laws that govern civilization. The quintessential natural law of culture is Ultimate Freedom.\n\nA Few Clarifications\n\nSlavery\n\nIt has taken thousands of years to achieve the commonly accepted understanding that human beings should not be privately possessed. A cultural phenomenon, by its nature, is much closer to a human being than a physical thing. For example, the hero of a book is a person for many people to a greater degree than physically alive ones are. Therefore, laws that govern culture have to be based on laws that govern the direct relations between people rather than ones that\n\ngovern real estate. Private Property\n\nIt has taken thousands of years to achieve the commonly accepted understanding that material property acquired through labour and trade cannot be taken from the owner at someone else\u2019s will. This principle defines laws that govern real property, regardless of countless details and nuances in possession and usage. Likewise, a law regarding \u201cpossession and usage\u201d of cultural phenomena must be based on one fundamental principle in accordance with the nature of the culture, regardless of countless details and nuances in the creation and existence of cultural phenomena.\n\nCulture\n\nNo commonly accepted understanding of proper social relations within culture has been achieved so far. Laws that govern culture are built on a kind of compromise between laws that govern private property and something else, which has never been clearly stated. What is this \u201csomething else?\u201d This question has never been discussed publicly. The question must be asked and answered, and the answer must be a principle based on the nature of culture itself.\n\nCulture versus Civilization\n\nWhen it comes to culture, all imaginable relationships within it, as compared with relationships seen to be their counterparts in civilization, work in opposite ways.\n\nMessage versus Trade\n\nEssentially, a work of art is a message to everyone. That is its very nature and driving force. You write (or say, paint, sing, etc.) to be read (or heard, watched, etc.) and responded to. Even when it is done for some superficial reason such as for money, in fear of punishment, or for fame, this reason works on the surface. Below the surface, creating is free communication, unrestricted sharing of ideas. And the message is not lost when it is disseminated. It becomes more powerful and valuable if it is heard. When you share an idea with someone or let someone copy your work, by the very nature of it you are not losing it but developing the idea or making the work known, and thus, you are becoming richer.\n\nMoreover, an author, even in his inner dialog, while creating, is as much a receiver as he is a contributor. Author and humankind are always on par, and no one owes anything to the other.\n\nThat is why an author does not lose his work when it gets distributed, and the work does not lose value.\n\nIn the world of physical things the opposite holds true: if you let something go, you lose it even if you trade it for something else. The trade can or cannot be profitable for either party. Regardless, it is different in nature from the sharing of an idea or copying a piece of art.\n\nExposure versus Depreciation\n\nHaving said the above, we understand that a work of art gains value every time it interacts with an audience. Regardless of the circumstances, the more it is \u201cused,\u201d the more valuable it becomes. On the other hand, in the world of physical things, the opposite is true\u2014the more you use something the more it depreciates.\n\nHumanity versus Bodily Needs\n\nCulture is the only reality where humanity develops. The deeper you get into it, the more you need it. Thus, the less you get into it, the less you need it, and the less you know how paramount and necessary it is for you. In the world of physical needs, the opposite holds true\u2014if you need something, then your body tells you. You satisfy the basic need, and it stops bothering you. Technical Principles\n\nLegitimacy\n\nIdeally, Authoright should be based on a specific law, one which directly addresses the scope and features of Authoright. However, such a law does not yet exist. For this reason, an Authoright license should be based on and enforced within existing law. Any suitable law or contract may be used singularly or in conjunction with another, in order to support an Authoright license.\n\nFlexibility\n\nDue to the general purpose of creating a license that ideally corresponds to the nature of culture, it is essential that the license\u2019s scope and features be flexible. That is, they can be changed, but the Authoright License does not have different versions.\n\nThe License Text\n\nThe Authoright License is reflexive, i.e. it is released under Authoright based on whatever laws are suitable at the time and place that Authoright is challenged. Specifically, any license built upon the one presented here must clearly state this and make reference to this text. The License\n\nCoverage\n\nAuthoright covers the use of any and all cultural phenomena.\n\nFreedom of Use\n\nAny cultural phenomenon may be freely used by any entity for any known or currently unknown purpose, creative, commercial, or noncommercial without limitations, permissions, or control of any kind by any individual, organization, government or international agency, and so forth.\n\nAttribution\n\nAny and all public uses of a cultural phenomenon require attribution, when applicable, to all of the following:\n\nAuthor(s)\n\nSource and its sponsors\n\nOriginal source and its sponsors\n\nNo Transfers\n\nThe right for attribution is perpetual, inalienable, nontransferable, and non-alterable in any way. Situations of disputed authorship can be resolved on a case by case basis.\n\nNo Organizations\n\nAn author entitled to attribution may only be an individual or group of named individuals. No other entity of any kind, including but not limited to a business, an agency, a union, a fund, a family, a public association, or an organization, can be considered and attributed as author. Sponsorship Agreement\n\nAny entity may be attributed as a sponsor if it has paid the author or provided incentives to the author that have been agreed upon.\n\nThat particularly means that an employer may only be attributed as a sponsor but cannot have any exclusive rights over employee\u2019s creative work.\n\nDerivatives\n\nAny derivative work based on a work under the Authoright License can only be licensed under Authoright. This does not apply to collections where Authorighted work is included.\n\nLegality\n\nThe license allows an author to use any set of laws and contracts to support Authoright. These may be openly listed in an Authoright notice. For example, Authoright (First Amendment to the United States of America Constitution; Copyright, United States of America; Commonwealth, California) <date of the first public use><names>. If a specific law, or right, or any derivative thereof that Authoright was based on expires, then the license must be restored based on current laws.\n\nAuthoright Notice\n\nAuthoright notice must be attached in a clear and reasonable manner to any derivative built upon Authorighted work. Any public usage of an Authorighted work must be accompanied by clear and reasonable display of the Authoright license attached to the work. Location\n\nThe full public text for the Authoright License is located at:\n\nwww.culturedialogue.org/drupal/en/authoright","title":"Culture vs. Copyright/Addendum","tradition":"philosophy-ethics","translated_text":null,"word_count":1761}